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    Service attempts to help tenancy-in-common investors exchanging like-kind property under section 1031 in workouts
    2011-03-16

    Now we can add Program Manager’s Technical Advice or “PMTA” to the list of administrative projects on tax matters that are open to FOIA and review by the tax practitioner community. One area that needs some help are investors in tenancy-in-common programs. On May 15, 2010, the Service issue PMTA 2010-05 which provides an legal analysis from Chief Counsel’s office directed to IRS program managers in the field.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Fox Rothschild LLP, Bankruptcy, Costs in English law, Leasehold estate, Debt, Attorney's fee, Pro rata, Internal Revenue Service (USA)
    Authors:
    Jerald David August
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Xerium Technologies files bankruptcy, hoping to cut its debt by $160 million
    2010-04-05

    Equipment maker, Xerium Technologies, filed chapter 11 petitions for bankruptcy on March 30th in the United States Bankruptcy Court for the District of Delaware.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Share (finance), Bankruptcy, Shareholder, Debt, Pro rata, United States bankruptcy court, US District Court for District of Delaware, Chief executive officer
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Charter bus operator, Coach America, files for bankruptcy in Delaware citing recession and increased insurance costs
    2012-01-09

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Shipping & Transport, Fox Rothschild LLP, Bankruptcy, Debt, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Wolverine Tube files bankruptcy, hoping to confirm prearranged plan
    2010-11-20

    On October 31, 2010, Wolverine Tube, Inc. ("Wolverine") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of Wolverine's President in Support of Debtors' Petitions (the "Declaration"), the company's bankruptcy filing resulted from several factors, most notably a drop in cash due to volatility in commodity prices and high debt obligations. See Declaration at pp. 2-3.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Commodity, Debt, Balance sheet, Delaware General Corporation Law, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Fedders bankruptcy looks at whether lenders aided and abetted debtor in breach of duty of care
    2010-03-22

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fiduciary, Board of directors, Debt, Duty of care, Default (finance), Gross negligence, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Liquidating Trust in Advanta Corp. bankruptcy files preference actions
    2011-11-07

    Introduction

    Earlier this month, the Liquidating Trust in the Advanta Corp. bankruptcy proceeding began filing preference complaints in the Delaware Bankruptcy Court.  Advanta and certain affiliates ("Advanta") filed for bankruptcy in Delaware in November of 2009.  As stated in the Liquidating Trust's complaints, Advanta was at one time one of the largest issuers of "business purpose credit cards" in the United States. 

    Background

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Credit card, Bankruptcy, Accounts receivable, Debt, Federal Deposit Insurance Corporation (USA), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    VeraSun Energy files 199 avoidance actions in bankruptcy court
    2010-11-16

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Commodity, Limited liability partnership, Debt, Liquidation, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Regent Communications files for bankruptcy, seeking to pay general unsecured claims in full
    2010-03-13

    Regent Communications, a radio broadcasting company that operates 62 stations throughout the U.S., filed chapter 11 bankruptcy petitions in the Delaware Bankruptcy Court on March 1, 2010.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Media & Entertainment, Fox Rothschild LLP, Bankruptcy, Unsecured debt, Advertising, Debt, Secured loan, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Security National Propertiesfiles for bankruptcy in Delaware, citing unpredictability of the financial markets
    2011-10-19

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Commercial property, Landlord, Leasehold estate, Interest, Limited liability company, Debt, Mortgage loan, Deed of trust (real estate), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Banning Lewis Ranch Development files for bankruptcy in Delaware
    2010-10-31

    On October 28, 2010, Banning Lewis Ranch Co. LLC and Banning Lewis Ranch Development I & II, LLC (collectively, "Banning"), filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. A copy of one of the Banning bankruptcy petition is available here for review. Banning owns over 21,000 acres of land situated on the east side of Colorado Springs, Colorado.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Bankruptcy, Limited liability company, Debt, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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